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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 24, 2016 No. 166

About approval of the Procedure for functioning of electronic purchasing system and carrying out authorization of electronic platforms

(as amended on 24-05-2024)

According to part seven of article 12 of the Law of Ukraine "About public purchases" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for functioning of electronic purchasing system and carrying out authorization of electronic platforms which is applied.

2. Repeal the resolution of the Cabinet of Ministers of Ukraine of February 12, 2014 No. 44 "About approval of the Procedure for the organization and carrying out competitive selection of electronic platforms and operators of electronic platforms" (The Official Bulletin of Ukraine, 2014, No. 18, the Art. 536).

Prime Minister of Ukraine

A. Yatsenyuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016 , No. 166

Procedure for functioning of electronic purchasing system and carrying out authorization of electronic platforms

General provisions

1. This Procedure determines requirements to functioning of electronic purchasing system, the procedure of carrying out authorization of electronic platforms and cancellation of the level (levels) of accreditation of the authorized electronic platform, condition of connection and cases of disconnection of electronic platforms from electronic purchasing system, the requirement to electronic platforms and the authorized operators of electronic platforms.

2. In this Procedure terms are used in such value:

authorization of electronic platform - connection according to the decision of Ministry of Economics (further - Authorized body) electronic platform to the web portal of Authorized body based on the decision of the commission;

the administrator of electronic purchasing system (further - the administrator) - the legal entity determined by Authorized body responsible for ensuring functioning and filling of the web portal of Authorized body;

purchase cost - the expected cost of purchase or the price of the power service agreement specified by the participant in the tender offer (in case of implementation of purchase of power service according to the Law of Ukraine "About implementation of new investment opportunities, guaranteeing the rights and legitimate interests of subjects of business activity for carrying out large-scale power upgrade");

the request for authorization (further - the request) - the application which is submitted by the operator of an electronic trading platform to Authorized body for authorization of electronic platform according to requirements of this Procedure;

the operator of an electronic trading platform - the legal entity registered in the procedure established by the law in the territory of Ukraine who has the right to use electronic platform;

the operator of the authorized electronic platform - the legal entity registered in the procedure established by the law in the territory of Ukraine who has the right to use electronic platform, authorized according to requirements of this Procedure;

the user - the participant, the supplier of goods, the service provider, the contractor, the customer, the centralized purchasing organization, state (including state) and the municipal companies, their affiliated enterprises, merging of the companies, and also economic societies, the state or municipal share in which authorized capital constitutes 50 and more percent, body of appeal, bodies, authorized to exercise control in the sphere of purchases, Treasury and its territorial authorities within the powers and other interested persons;

confidential information - information on the account and the password of the user by means of whom access to the authorized electronic platform, information on the participant and his tender offer and/or the proposal of the procurement participant until disclosure of tender offers and/or proposals of the procurement participant and information determined by the participant as confidential according to requirements of the Law of Ukraine "About public purchases" is provided;

the commission on consideration of questions of activities of electronic purchasing system (further - the commission) - the permanent commission which is created by Authorized body for the purpose of consideration of questions of activities of electronic platforms, the authorized / previously authorized electronic platforms in electronic purchasing system and other questions determined by this Procedure. Decisions of the commission, except the decision provided in Item 9-1 of this Procedure have advisory nature;

the paragraph the eleventh is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 04.08.2023 No. 804

productive key - the identifier of the authorized electronic platform for carrying out work in electronic purchasing system;

working hours - period from Monday to Friday from 8 to 18 o'clock 00 minutes (except days off and holidays);

test key - the identifier of electronic platform for the implementation of development and testing of information and communication system according to the level of accreditation determined in Items 37 - 41 these Procedure, before authorization;

technical failure - failure in work of the authorized electronic platform which results in unavailability of online services, respectively to the levels of accreditation determined in Items 37 - 41 these Procedure, for users of the authorized electronic platform.

Other terms are used in the value given in in the Laws of Ukraine "About public purchases" (further - the Law), "About electronic documents and electronic document management", "About electronic confidential services", "About information security in information and communication systems", other regulatory legal acts adopted according to it.

3. In electronic purchasing system the complex system of information security with the confirmed compliance according to the Law of Ukraine "About information security in information and communication systems" shall be created.

Requirements for ensuring information security and cyber security in electronic purchasing system are determined by the administrator taking into account requirements of the legislation in the sphere of information security and cyber security who informs on them Authorized body.

Connection of electronic platform as authorized to electronic purchasing system is performed by the administrator after fulfillment of requirements, determined in documentation on complex system of information security of electronic purchasing system, on condition of creation on such electronic platform of complex system of information security with the confirmed compliance.

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